When a criminal trial ends in a guilty verdict, the criminal justice system provides options for additional relief. An appeal offers the possibility of having a sentence reduced or a criminal conviction completely overturned. Anyone who believes they should not have been found guilty should contact a Defense Lawyer in Cincinnati OH about the possibility of filing an appeal.
A Defendant’s Appeal Options
The right to an appeal is restricted to the person convicted of a crime. If a trial concludes with a not guilty verdict, the prosecutor cannot appeal the acquittal. A defendant who was found guilty has the option to:
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File a motion requesting that the jury’s guilty verdict be overturned by the trial judge who will then enter a new not guilty verdict
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Move for a new trial – asking the judge to start over, setting aside the verdict of the jury and declaring a mistrial
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Appeal or seek a writ – asking that the conviction be reversed by a higher court
The Basis for an Appeal
The basis for an appeal is a claim of legal error in some part of the case. Courts prefer to stand by the verdicts of lower courts, so there must be a demonstrable error that affected the verdict. If there is a “harmless” error that would not have changed the verdict, this will not be considered sufficient to reverse the verdict. In other words, in order to change a guilty verdict, there must have been an error in the trial that was significant enough to influence jurors to vote guilty.
There are four primary grounds for appealing a guilty verdict.
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Plain error – there was a very serious error of law made by the lower court
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The verdict was not supported by the weight of the evidence
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The lower court made a ruling that was an abuse of its discretion – arbitrary, not supported by the evidence, unreasonable or wrong
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A claim that the defendant’s attorney did not represent him or her effectively, thus violating the defendant’s Sixth Amendment right to “adequate representation.”
Engel & Martin, LLC is focused on providing excellent and professional legal services to each client. Whether you need an experienced Defense Lawyer in Cincinnati OH or are seeking professional legal representation for an appeal, the firm has represented clients before state and federal appeals courts. To contact the firm, visit website.
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